Long Beach Retaliation Lawyer

Retaliation at work in Long Beach and surrounding areas is a serious employment issue that can have long-lasting negative impacts on workers’ lives. Employees who report illegal activity, exercise their workers’ rights, or fight back against discrimination, unfortunately, can find themselves at the receiving end of retaliation from employers. If you are being subjected to retaliation at work, a Long Beach retaliation lawyer from Briana Kim, PC, is here for you.

Workers who are subject to retaliation need a skilled Long Beach retaliation lawyer to fight for their rights and bring justice to the situation. Briana Kim, PC, has years of experience fighting for workers in Long Beach and the surrounding areas, advocating for employees who are punished for standing up for what is right. Together, we can hold your employer accountable for their wrongful behavior.

Identifying Workplace Retaliation in Long Beach, California

Workplace retaliation happens when an employer carries out adverse action against one of their employees for engaging in an activity that is legally protected. Examples of protected activities include reporting or opposing illegal behavior in the workplace such as unsafe working conditions, harassment, discrimination, or wage and hour violations.

Protected activities can also include participating in an investigation against a company or employer, filing a complaint, or exercising rights granted by employment laws. Retaliation can take on many different forms, such as patterns of behavior that lead to a hostile work environment, being demoted or paid less, receiving a negative performance review, having your former job duties reassigned or eliminated, or even being fired.

Main Legal Elements of a Retaliation Claim

In order to file a workplace retaliation, claim in California, certain legal elements need to be present in a case. Whether a workplace retaliation claim must be first filed with a relevant government agency or through state or federal courts is dependent on the specific nature of the case. An experienced Long Beach retaliation lawyer from Briana Kim, PC, can analyze your case with you and help you understand whether it includes the following:

• Protected activity. The worker must have carried out a legally protected activity, such as filing a complaint for discrimination or harassment, filing a workers’ compensation claim, refusing to perform illegal duties, or taking family or medical leave under the California Family Rights Act (CFRA).
• Adverse action. As a result of the worker engaging in a projected activity, the employer must have taken adverse action against them as a result. Adverse actions can include giving negative performance reviews, discipline, demotion, or even termination.
• Proof of causality. There must be sufficient evidence showing a clear connection between the worker’s protected activity and the employer’s subsequent adverse action, ultimately showing that the employer retaliated against the employee’s legal actions.

If you believe that these elements may be present in your case, it is critical to work with an experienced employment lawyer as soon as possible. A knowledgeable and skilled attorney from Briana Kim, PC, can analyze your case details and subsequent evidence to help you understand whether you have a legal basis for a retaliation claim. If you have grounds for a legal claim, they can help you act quickly and efficiently to secure your rights and receive compensation.

Examples of Workplace Retaliation in Long Beach, California

Briana Kim, PC, has helped workers in Long Beach and surrounding areas restore justice to their workplace situation after facing various forms of workplace retaliation. For example, we have supported workers in restoring their rights and gaining compensation after they have faced the following:

• Denial of a raise. Employers may exhibit adverse behavior of paying an employee less or denying them a raise they are entitled to as a means to punish them for standing up against illegal activity or asserting their workers’ rights. For example, this could include refusing to give an employee a deserved promotion after taking leave under the Family and Medical Leave Act (FMLA).
• Poor performance reviews. Employees who consistently receive positive performance reviews can suddenly start receiving negative evaluations as a form of retaliation from their employer for exerting their rights or reporting illegal practices. If you have filed a claim against your employer, for example, due to unsafe working conditions and are now receiving poor evaluations as a result, you likely have grounds for a retaliation case.
• Demotion or termination. Employees in Long Beach and surrounding areas can face being demoted to a lower position at their workplace or even being terminated in retaliation for engaging in a protected activity, such as filing a workers’ compensation claim after a workplace injury.
• Sudden unfavorable working conditions. Employers may attempt to retaliate against employees for their legally protected behavior by assigning them unfavorable shifts or moving them to a less desirable location in hopes that this will eventually make them leave the job.
• Reducing hours. Employers may attempt to intimidate workers who have exercised their rights or reported unlawful activity at work by assigning them fewer hours, effectively negatively impacting their income and their ability to provide for their families.
• Unfortunately, some employers may create a hostile working environment due to a pattern of behavior that constitutes harassment. This can include micromanaging the worker, placing them under extreme scrutiny, excluding them from certain activities, and fostering group ostracization.

Although workplace retaliation can come in many different forms, this activity is strictly illegal. If you believe that your employer may be acting against you in a retaliatory manner, you are entitled to specific protections of your rights and could possibly receive compensation. An experienced employment lawyer from Briana Kim, PC, can help you understand your options moving forward.

Protections Afforded to California Employees Against Workplace Retaliation

Under both California state and federal law, workers enjoy various protections and rights that they can exercise without fear of workplace retaliation. These statutes are in place to ensure more positive working conditions where employees can report illegal activity and enjoy the full extent of the rights they have been granted. Under various legal frameworks, employers are protected from retaliation when they engage in the following activities:

• Filing a lawsuit or complaint. Workers who file complaints or pursue litigation as a result of illegal activity in the workplace, including unsafe work conditions, wage or labor violations, or harassment, receive protection from retaliation.
• Reporting harassment or discrimination. Under Title VII of the Civil Rights Act, and the California Fair Employment and Housing Act (FEHA), workers cannot be retaliated against for reporting instances of harassment or discrimination based on protected characteristics, such as disability, medical condition, race, sex, religion, gender, or age.
• Taking medical or family leave. Under the federal Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA), workers have the right to take unpaid, protected leave for certain circumstances that involve caring for their health or that of their close family members. Under this framework, it is against the law for an employer to retaliate against an employee for taking or requesting this leave.
• Participating in workplace investigations. Workers who participate in investigations into certain workplace circumstances, such as those led by a government agency or the employer, cannot be retaliated against as a result of providing truthful information. Participation can include providing testimony or evidence to support a complaint from a coworker.
• Whistleblowing. Whistleblowing is the reporting of certain illegal activities, such as environmental violations, unsafe working circumstances, or fraud (e.g. improper Medicare billing), to law enforcement or a person within the employer who has authority to investigate or a relevant government agency. Workers who participate in whistleblowing activities are protected under the law from retaliation from their employer.
• Reporting violations of wage and hour laws. California labor laws and the Fair Labor Standards Act (FLSA) protect employees who report violations of wage and hour laws. Such breaches can include denial of adequate rest or meal breaks, misclassification of an employee as an independent contractor or a salaried, exempt employee, and unpaid minimum wage or overtime.
• Refusing to engage in illegal behavior. If an employee refuses to engage in illegal activity, such as forging documents or discriminating against a client or coworker, they are protected under the law from retaliation.

If you or a coworker has taken part in any of these legally protected activities and believe your employer has exhibited behavior that constitutes retaliation, it is critical to work with compassionate and skilled legal counsel. Briana Kim, PC, can work with you to help you secure your rights and work to bring justice to the situation.

Creating a Strong Case for Your Workplace Retaliation Claim

To successfully hold your employer accountable for their behavior and receive compensation for your retaliation case, it is critical to have a strong claim backed by sufficient evidence. An experienced retaliation lawyer from Briana Kim, PC can help you take concrete steps to implement a strong legal strategy to hold your employer accountable.

Our firm can assist you with keeping detailed records of your involvement in a protected activity, such as taking CFRA/FMLA leave or baby bonding leave or requesting medical accommodations or asking to be paid for all hours worked or reporting illegal activity to a government agency. We can help you retroactively collect relevant documentation, such as written complaints or emails.

When it comes to adverse actions taken against you by your employer, it is critical to have robust documentation of this activity. We can help you collect evidence of retaliation, including poor performance reviews, payment slips reflecting lower wages or fewer hours, and notices of termination. After all evidence has been collected, we can help you map out a timeline to show a causal connection between your protected activity and retaliation.

We can also interview supervisors or coworkers in your workplace that may have witnessed the retaliation against you, gathering critical statements that may be integral to strengthening your case. After all the evidence has been collected and a clear causal connection has been demonstrated, we can help you navigate through the complex legal processes required to bring your case to justice and receive the compensation you are entitled to.

Compensation You May Be Entitled to in a Workplace Retaliation Case

In addition to receiving legal protections from workplace retaliation carried out by employers, victims of workplace retaliation may also be entitled to compensation for subsequent non-economic and economic damages caused. An experienced Long Beach retaliation lawyer from Briana Kim, PC, can analyze your case details and subsequent damages to help you understand whether you are entitled to the following:

• Lost wages and benefits. Workers who fall victim to workplace retaliation can often recover the income and benefits they would have made had their employer not carried out adverse actions against them. This includes compensation for past wages (back pay), future lost wages (front pay), and benefits missed out on.
• Job reinstatement. If you were demoted or terminated from your job as a result of retaliatory behavior (e.g. fired after taking pregnancy leave), you may be able to be reinstated to the position you had before or one that is equivalent.
• Compensation for emotional distress. As workplace retaliation can lead to serious psychological and emotional damage, employees may be able to get compensation for this in some cases. Emotional distress and mental anguish can be proved through personal logs and statements from mental health professionals.
• Punitive damages. If your employer’s retaliatory behavior was particularly egregious, the courts may decide to give punitive damages to ensure the employer is adequately punished for their behavior and help avoid similar incidents from occurring in the future.
• Legal costs. If a retaliation claim is won, the employer may be responsible for covering the attorney fees and legal costs accrued by the employee.

If you have suffered from workplace retaliation in Long Beach or surrounding areas, Briana Kim, PC, is eager to help champion your case. We can deeply analyze the extent of your damages, ensuring that your final compensation package adequately reflects all you have lost.

Protect Your Rights and Interests with a Long Beach Retaliation Lawyer

If you are facing adverse actions from your employer by asserting your worker’s rights or fighting back against immoral or unlawful situations, it is crucial to receive skilled and experienced legal support. A Long Beach retaliation lawyer from Briana Kim, PC, understands how damaging retaliation can be on an emotional, financial, and professional level. Contact us today to build up your case and fight back against your employer’s unlawful behavior.